When you enter someone else’s property, you don’t expect to become the victim of an accident. Unfortunately, accidents can and do occur due to dangerous conditions on a property. Uneven surfaces, spills, and even overcrowding can all contribute to serious injuries.
If you’ve been hurt in an accident on someone else’s property, you could be owed significant compensation for the losses you have suffered. An accident that occurs because of dangerous conditions can result in catastrophic injuries, expensive medical bills, missed time from work, and significant physical, mental, and emotional anguish.
The distinguished Memphis premises liability lawyers at Reaves Law Firm, PLLC are passionate advocates for people who have been hurt due to the negligence of others. We understand how big insurance companies will try to take advantage of injured individuals, so we fight to make sure your voice is heard.
Call Reaves Law Firm, PLLC for a free and confidential review of your case with a knowledgeable Memphis premises liability lawyer today.
The liability that applies when a person gets hurt due to dangerous conditions on a property is called premises liability. Premises liability is the legal remedy that allows a victim to claim compensation for many types of losses that occur because of unreasonably dangerous conditions on a property.
Winning a premises liability claim requires proving all of the elements of the case. A premises liability claim is based on negligent or reckless conduct on the part of the property owner. There are several elements of a premises liability claim, including duty, breach of duty, causation, and damages.
A premises liability claim begins with the property owner’s duty to keep their premises safe. All property owners have some duty to keep the conditions on their property safe for visitors. The exact duty depends on the reason the injured party was on the property.
Next, the property owner must have breached that duty to keep the property safe. They must have acted negligently, recklessly, or intentionally in violation of their duty of care. This breach can take a variety of forms, such as failing to monitor for spills, failing to place signs warning visitors about hazards, and failing to repair problems in a reasonable amount of time.
The property owner’s breach of their duty of care must have resulted in injuries to the victim. If a no one gets hurt, there is no claim for premises liability. The victim must show the link between the property owner’s failure to identify or remedy a dangerous condition and the injuries that resulted.
Finally, a victim must be able to prove damages. There are many categories of damages that a victim may be able to claim. To make a claim, the victim must be able to show that he or she has some kind of injury or financial loss because of the dangerous condition on the property.
Not all accidents that occur on someone else’s property qualify for a premises liability claim. If the property owner takes all of the required precautions under the law, the owner may not be liable for the injuries that result from an accident that could not have been anticipated or prevented.
Whether or not you have a valid premises liability claim depends on the unique facts of your case. The actions of the property owner, your actions, and the nature of the dangerous condition all play a role in determining liability for a property accident. The best way to determine if you have a valid case is to allow our team of experienced Memphis premises liability attorneys to examine your claim.
The party responsible is the party who acts negligently and causes the injuries. In most cases, the responsible party is the property owner or the lessee who actually controls the property. The party that has the ability to take steps in order to keep the property secure is the one that has legal liability when an injury occurs due to unreasonable danger.
In some cases, a landlord may be liable for a dangerous condition on a property. To the extent that a landlord has the ability and the obligation to keep a property safe, they may be liable. For example, if a landlord manages several tenants in an office building or an apartment building, it may be the landlord who is liable if an accident occurs due to a failure to maintain sidewalks, test smoke detectors, install adequate lighting, or keep the locks in working condition.
An experienced premises liability attorney in Memphis can thoroughly examine your case in order to hold the appropriate party responsible for your injuries.
To some extent, visitors have the right to a certain amount of protection by the property owner. Property owners have a responsibility to use reasonable care to keep their property safe for visitors. The extent of the responsibility of a property owner depends on the reason that the visitor enters onto the property. A property owner has a higher duty of care to an invitee or a licensee than to a trespasser.
For the purposes of determining liability, the law divides visitors into three categories:
Tennessee is among a minority of states that don’t distinguish between invitees and licenses for the purposes of determining premises liability. Instead, Tennessee law looks at the entire circumstances in order to determine the duty that the property owner owes to the visitor. What amounts to a reasonable duty in one circumstance may be completely different in another situation.
The only duty a property owner has to a trespasser is to avoid intentional harm or gross negligence. A property owner may not set traps for trespassers, but they do not have to take affirmative steps in order to prevent injuries to a trespasser. There is an exception for structures that are likely to attract trespassing children, called the attractive nuisance doctrine, so if your child was injured on someone else’s property, contact a lawyer immediately.
Premises liability cases take a wide variety of forms, including:
Every premises liability case is unique. Talk to a knowledgeable Memphis premises liability attorney today to learn about your rights after an accident on someone else’s property.
There are many types of dangerous conditions that may lead to a serious accident. Here are some of the common causes of injuries on a dangerous property:
This is not an exhaustive list of causes of premises liability accidents. If your injury arose from an unreasonable condition on someone else’s property, you should speak with an attorney about your right to financial compensation.
A victim in a premises liability accident may pursue compensation for all of the damages suffered as a result of the accident. The purpose of compensation in a premises liability claim is to make the victim whole again.
Some types of losses can be quantified with dollar amounts. They are actual, tangible financial expenses that the victim incurs due to the accident. Other types of losses aren’t so easy to put a number on.
The compensation that you can claim in a premises liability case depends on your actual losses. Each case has a unique value that is personal to the victim. Some of the losses that a victim may be able to claim include:
To pursue the full compensation that you deserve, your lawyer must carefully value and prove your damages. Extensive documentation of medical expenses, lost wages, and changes in lifestyle because of the accident is critically important to proving the value of your claim. Expert witnesses including occupational specialists and medical professionals can help justify your claim for compensation.
At Reaves Law Firm, PLLC our premises liability lawyers can handle all the legwork in building a strong claim for financial compensation.
If you’re hurt because of a dangerous condition on someone else’s property, the premises liability attorneys from Reaves Law Firm, PLLC will fight for justice for you. It’s our goal to help you demand the maximum compensation that you deserve and move forward with your claim quickly and efficiently.
Our firm has a legacy of fighting for accident victims so that their interests are fully represented under Tennessee law. Doing right by our clients means providing skilled and aggressive legal representation while helping clients understand how the law can work for them. Our goal is to give you peace of mind through effective legal advocacy that helps you recover what you need and deserve in order to rebuild your life after a premises liability accident.
Our attorneys have extensive experience handling premises liability claims. We will go to work immediately to begin building the evidence needed to make a persuasive case. We can help you understand the value of your claim and what to expect during the claims process. We will handle everything on your behalf, including claims evaluation, case preparation, settlement negotiations, trial presentation, and post-trial actions.
When you have questions, concerns, or information to share about your case, our premises liability attorneys in Memphis are available 24/7 to help. We communicate clearly and in friendly terms that you can understand. Contact us to schedule a free and confidential consultation right away.